The Sun. — London, England, 1818-12-22 00:00:00

I.4AW IN'rELIA(;;;FiNCE, VICE-CHANCE:LLCM'S COURT, Dec. 21. THE BLENHEIM ESTATE. THE ATTORNEY-GENERAL, AT THE RELATION OV THE INIARCWIS OF BLANDFORD, AND THE HON AGAR ELLIS AND OTHERS, V. HIS GRACE THE DUKE OF MAIILBOROUGH• AS sOon all - his Honour the VICE-CIiANCELLott had taken his seat in Court this morning, lie call ed the attention of the Learned Counsel rOncern- - ed, to the lodgment which he gave it) this case oi l Saterday last. He observed, that since then it had ,occurred to him, that there was an Act of l'arliameot which had .not been stated in the pleadiugs at the bar, but which nevertheless, in his opinion, had a very strong bearing On the question now before the Court. The more he looked into the question, the more be was con , viticed of its very great importance in' every point of view. The Act lie alluded to was that by which a pension of 5,0001. was settled on the successive • Dukes of Marlborough out of the re venues of the Post-orEce : he had minutely read every part of the Act, and he was convinced that it had an important bearing on the question. His impression was, that the said pension was allow• ed, not for the mere support of the title and dig nity in an abstract sense, but for its support in Bleoheim-house. If that construction of the Act was accurate, then ;be public undoubtedly had a - to see the intention of the Legislature car tied itrtcs full effect, and the Courts of Equity were hoond to see that such was done. It might he objected, that he was n ot at liberty to state this Act, inasmuch as it had loot been alluded to in the pl-atlittes nor in the demurrer w Oii e h was put in t', the Bill, and that the effect of his stating it . would be to eikw the Attorney-General and the other obritititlS time to amend their Bill. That oi.iection could not stand, because umprestion lily the other side might amend their bill. 'The Act giving this Peusion was a public Act, and therefore proper to be noticed. The second oh jeviott which might be utged was, that the coin plaiet here was merely relative to the trees, mid not to the mansion ; but this objecti on he was also persuaded must fail, for it was difficult to distinguish between trees sheltering the house and the house itself. Though the substance of the complaint was, the Duke's improper ly cutting down trees, yet at the cod of the bill there was an allegation that he would cointnit most destructive waste ; and in th e d e murrer whi,!ii had been put in to the bill, (Co Glace virtually snit elided that he bad a right to do so. If it was the duty of a Court of Equity to protect the timner and the mansion-house, then of course the Court was equally bowl(' t o protect all the trees which had been planted for the 'purpose of sheltering 'the house. Such were the impr e ssions o.hich the reading of this Act had !made open his mind, and he must own the Act appeared very strongly to hear on the case. He would not, however, wish the bar to understand either directly or indirectly insinuating that - these it.preSsions - of his should have any weight out them. With pleasure, therefore, would,he bear cacti` argue this point, because he deemed it krie hest importance. With respect To.the question of equity waste, he would not hear that . again,-al-44--hati already been so fully gone into, sauf sae had given his judgment upon it; but if the tp - Arties imagioed his judgment was wrong, it might be propetly argued before another Jtulge, Hii preseirt opinion was, that this pension of 5000 i. a year, was granted for the dignity of the family in Blenheim-house, and not fur the dignity taken otherwise in an abstract sense. As the point Was of superlative importance, he would with such pleasure hear it at the close of the cause petitions, and he was anxious to have it finally ,disposed at beiore the hulydays. lie begged, therefore, that the Solicitor-General and his learned coadjutors on the one side, and Mr. Bell and his friends on the other, would be so very kind as to prepare themselves for the discussion. It was one of the greatest public interest. Mr. SIDEROTUAM.—Then, Sir, the order for anOwing the demurrer is suspended. TheVice-CHANCELLOIt.-11:iS SO ; and S am told by the Registrar, that the .Injunction cannot be dissolved till a motion be made for that purpose. The order is suspended: COURT OF KING'S BENCH, Dsc. 21. FALSE INIPILISONMENT. BREWER V. ELLER AND CADWF.LL. This was an action of assault and false impri sonment. The case proved was this :—The plain tiff, who is a Member of the Stock Exchange, friend to cite last Ascot Races with horses, which ,they procured of a livery stable-keeper, in St. George's-fields: The plain .tiff,.is s'ont be got to Ascot Heath, delivered horse to .o-ie of the persons who usually S.Crltt {fa ce-courses, 41,ti received a ticket in or der to catide t.itn to receive his 11-.lse again. As soon as !he r,res were over, he : by mistake went 'to ether s:db!s, sty{ having lost his ticket, re ceived anwLer horse nnsweriTig ,thf: description of the one he. hired, the former being in fact the prop:•rtv ric tile %,ftleftdant, Mr. Eller, who;ttpott coming to claim Eiis horse, missed it, .and in the • result ()brained a-warratit agkitost the plaintiff on a c h arge of which wat'nmit was exerwed lit, the other ciefe.idant, Cadwell, a City ()nicer. He was taken to a poblic•hottse in St. 'Swithirt's-lane,the tesorf of constables, where he saw Mr. Eller, won aiktd him how he dared to take away his more from Ascot, and treat her in tuanner in 'Which she appeared to *have been used. • The plaintiff replied that it was entirely ,tt tterAtatie, and lie was ready to make any compen aa,iniC'regitired. After some altercation, ivlr. (Fetilantled ten guineas, but afterwards re- duceif•his claim to severs, which he said was the ' leho gum he kVOUY lake. Pending this negotia tion the plaintiff was kept in custody for two and on being liberated the other defendant demanded a compensation for his tronble. and was offered five shillings. This sum he objected to, us being too small, but he WAS told that it was (rite sufficient as he had no sekc , ant, to which he replied that no warrant was necessary, E . n . he Lad a right to apprehend a horse-stealer. It was then agreed that the parties -- should meet again at -the same public hone on the Monday following, and that the plaintiff should pay the compeniation required, make an apology, and stinu/ a beef s'teak dinner ; hut not keeping his appointment, he was afterwards summoned before a Magistrate, when be agteed to pay the money ; but not hav ing 'done co, Mr. Eller commissioned his Attor ney, Mr:Harmer, to write and acquaint him, that it' the money was not eimmertiately paid, an Action wont(' be brought against him. In the mean tune the plaintiff brought the prisent action. Counsel being beard on b o th side., the case went to the Jury, nutter the Learned Judge's di rfction, upon all the circumstances, when 9 ver dict was found for the plaintiff—Damages, 40s. The trial of this case lasted upwards of three bows. here was no other case tried of public in terest. COURT OF COMMON PLEAS, DEC. 21. GRIM. CON. VAUGHAN V. SMITE(. Mr. PH ILLIPS opened this case. The declara tion stated, that the defendant made an assault upon the wife of the plaintiff, and debauched her, thereby depriving the plaintiff of the comtort of her society. The damages were laid 'at 10;0001. Mr. Serjeaut COPl:EYstated' the circumstances of the case' to the Jury. The plaintiff, Mr; Waughau, he said, brought this action for the pur pose of recovering reparation in damages, asjar an damages could go in repairing such an injury, fur the sedaction of his wife by the defendant.— Cases of this nature had been cif such frequent oc currence, and had sty oft en been subjects of con sideration in Courts of Justice, that he tl'sught it unnecessary to make any general observations on their character, convinced as he was that the feelings and understandings of the Jury would sug gest every thing which tie could urge in introducing such a case to their notice. He thought he should best discharge his ditty to his client, by confining himself to a plain and simple statement of the case, laying before them the situation otthe par ' ties, and the ciecnntsrances under which the offence imitated to the defendant was committed. He was quite sure that the facts which he should lay before them in evidence would he conclusive. The Learned .Serjeatit then proceeded to stat,e that the plaintiff, Mr. Vaughan, was a Gentleman very well known in the musical . world, and of considerable talenti. So far back us the year 1805, he was introduced, for the first time, to re young Lady of the name of Tennant. She was. then seventeen .years of age, of great personal beauty and accomplishments ; added to which, she was possessed, in an eminent degree, of the same description of talent for which Mr. Vaughan had been so eminently distinguished. At the latter cud of 1805,a marriage took place. From that pe riod down to the time when their happiness was broken in upon by the present defendant, they lived together in the greatest possinle degree of harmony and affection. Mrs. Vaughan assisted her husband in the discharge of his , professional engagements ; and thus they mutually contributed to the support of their common offspring. They had had several children, of whom six were now alive ; the eldest not ten years of lige. The de fendant was the son of a Doctor Smith, residing at Richmond, and held sonic office under the Governmenc of the country. The , two fa that of Mi. Vangbart and praetor Smith, were upon the most intimate terms. Mrs. Vaughan had two children at school at Rich mond, and when she went (lowa to see .hem she trequently stopped a day or two at Doctor Smith's. like manner, when the Miss Smiths came to town, they remained at the house of Mr. Vaughan, and, together with every branch of their family, were received with the greatest hos pitality and kindness. In this situation things remained, until at last the defendant succeeded in seducing the wife of his friend ; and finally in duced her to elope from him. It was here neces sary to state, that when Mrs. Vaughan was deli vered of her last child, of which her husband was parent, at least, about 2 years ago, she suffered so much in consequence of an internal complaint, that her medical advisers deemed it necessary to recom mend that in future her husband anti she should sleep_in separate beds. Mr. Vaughan loved his wife with the utmost affection and regard ; but finding it expedient, for her sake, that this course_ should - be adopted, he disregarded his own grati fication, and yielded to the suggestion. Front that time until the elopement they slept in sepa rate beds, in rooms adjoining each other. At . what time the defendant succeeded in effecting his dishonourable purpose it had not been clearly ascertained ; but that a criminal intercourse had taken place upwards of a year back was manifest,' from the birth of a child, of which, no doubt, the defendant was the father. This fact was corro borated by several letters from the defendant to Mrs. Vaugkan, from the tone and maimer of which, the intimacy which had subsisted between them was too evident. • These letters were not addressed to Mts. Vaughan, but front their. hit. arort, and the way in which they were found, they: were clearly conveyed to her. Here Mr. Serjeant , Copley read several passages from tilde ters ro which lie alluded, which were signed by the defendant, and in which be addressed Mre. Vaughan as his ". Dearest, dearest Bess„ his very- lite ! his own valued—cherished—moatheldved wife." In these letters he makes allusicn to the situation in which Mrs. Vaughan was, from the intercourse which had passed between them—speaks of - the pledge of their mutual regard which lay beneath her . bosom, and entreats her to quit her husband's . house before he discovers her pregnancy. Ars. Vaughan finally deserted her husband and her children, and after a short residence of a month in London, penceeded to Lyme, in •Dorsetahire., where she was delivered of a boy, the fruit of her unhappy intrigue with the defendant. litrving thus stated the outlines of the case which ie,..liad to prove, the. Learned Counsel •adverted ao the amount of damages to whidh•the plaintiff was. en.; titled. He commented on the loss •.ot - domestic happiness which the defendant had sustained, and upon the aggravated conduct of the , defendant in betraying that confidence which Mr. Vaughan . had, considering him . a friend, reposed iu Lieu In conclusion, be 'called upon the Jury to mark their sense of the case by the most exemplary damages. _ _ _ The Rev. Dr. Harrison proved the Registry of the marriage between the plaintiff and his wife to have taken place at Bermondsey Chnrch, in the year 1805. Mr James Harrison examined by Mr. PfliLLI PS. Had known Mr. and Mrs. Vaughan 14 years ; they had. six children. They always lived to gether with then greatest affection, till within about twelv,e months : since when he had per ceived a coldness on the part of the lady.—Wit ness frequently visited their Louse, and always found Mr. Smith there. Cross-examined by Mr. Sergeant VAUGHAN.— Did not know that the plaintiff left his wife for eight weeks at the time of her confinement. lie had not heard till last spring that they did not sleep together. The last time Mrs. V. sung was at her own benefit, and she eloped the day lA lowing. Did not know that the plaintiff request ed the defendant to' pay every attention to his wife. • Never heard plaintiff say that he had lett his lodgings in Birmingham, in which his wife was living, at the time, to accommodate the de f.entlarit. Defendant, he believed, was a clerk in the Ordnance Office, in the Tower. Mr. Charles Bell is a Surgeon accoucheur, and in .consequence of Mrs. Vaughan's illness in 1816, recommentled Mr. Vaughan to abstain from her bed for a short period. Mary 'Tillie had been a servant 14 years in the plaintiff's loudly. They appeared the happiest couple she hail ever known. About twelve months ago a coHness commenced on the part of the Lady, and they had . since slept apart. Mrs. Vaughan said, she did not wish to have any more ehihlreu Mr. Smith, the defendant, visited at their house frequently, she did not suspect any thing improper. She went off the day after her benefit, and said she was going to see her children at Dalwich. Witness perceived her to he preg nant three months before the elopement. Mrs. V. was min ays much afraid of Ler husband per ceiving it. Cross-examined,--Did not mention her suspi cions of pregnancy to her master, though she knew they did not. sleep together. Did not sus pect the defendant to be the father of the child, though she did not suppose it came of itself; rror did she suspect any one in particular. Did not re collect advising the defendant to take At's. Vaughan away, as her situation was so apparent to all the world ; nor (ltd she recollect what con versation she had had with him. Martha Carter lived as cook in the plaintiff's family ; her master and mistress lived on the most affectionate terms till about a year.and half ago. Mr. Smith began to visit them two years ago Plaintiff and his Iv ife.occupied different beds. They were, mostly together at musical parties. On her cross-examination she said, that when Mrs.' Vaughan lay in, in 1816, plaintiff was ab sent, being obliged to attend three musical meet ings in the country. Defendant sometimes at temted Mrs. Vaughan home from concerts, but not frequently. [Here the Chief Justice said, that prggnancy was often concealed till the moment of delivery, and then not a cry or groan escaped the sufferer ] Mr. and Mrs. Greatorex knew the plaintiff and his wife to have been on the most affectionate terms. Mr. Smith was considered . a very great friend of the plaintiff. Mr. Knyvett said, Mrs. Vaughan and Mr. Smith had livN together at, his house, as. man and wife. Mr. Smith used to come in the evening and stay all night. He introduced her as his wife. Another witness proved that Mrs. Vaughan was delivered of a child on the I Ith of September. Mr. Serjeant VAUGHAN then addressed the Jury in a very able arid eloquent speech on behalf of the defendant, relying upon the most favourable topics which the case could afford, contending that the damages sought, under the circumstances of the case, ought to be very trifling. No witnesses were called for the defendant. After a very luminous charge from the LORD CHIEI , 3E/STICH, the Jury retired fOr about half an hour, and returned a verdict for the plaintiff.— Damages—One Thousand Pounds. SUICIDES IN FRANCE.—A tragical event has just plunged into extreme grief two families in Troyes. A young man, aged twenty years,. by name Jean Francois Manchin, conceived a violent passion for a young girl, called Emilie Simounot, which she returned with equal ardour. The consequence of their attachment was, that the girl , ,became pregnant ; and she, therefore, asked her lover to sanction their connection by marriage. Manchin went to his (Esther, and throwing himself at his feet, besonght'him to consent to his being united with the object of his attachment. The father, from some opposition of private interests, and on ac count of the inequality of their fortitoes, rejected the prayers of his son, and commanded him to cease instantly all correspondence with the unfortunate Emilie. The young Mattchin returned broken hearted to his mistress, and informed her of the re sult of his application ,w hen she immediately formed the resolution of acting according to the sugges tions of despair; and her lover, finding it impossible to alleviate her sorrows,determined to share her fate. On the4th of this month, after the business of die day was concluded, he went to the apartments of Emilie, where be left biivratch, and she took off the apron, and one of the neck handkerchiefs which she generally wore. On leaving the house, she gave the key of the room to the landlord, re questing him to give - it to her brother and sisters, who resided •in It with' her, and who were ex pected to return soon. There is within a quar ter of a league of Troyes, on the hanks of the river, a little ipot, which is almost an island, where the unhappy pair having arrived, Man chin took off his hat, and Emilie her bon net, They then tied a wrist of one to a wrist of the other, by a pocket-handkerchief with double knots, and threw themselves into the river. Their bodies-• were found near three o'clock on the following evening, and were carried to the hospital. Emilie was , in the fifth month of her pregnancy. The remains of this ill-fated couple were ioterred on the evening of the following Monday, without any religious ceremony.—(Ga zette de France.) LONDON MARKETS. PRICE OF BREAD THIS WEEK. The highest price of the best Wheaten Bread throttglig ut the Metropolis is stated by the ,principal Bakers to. be Is.gd• the Quarters Leaf.—Some Bakers sell the Quarter 1. 0017 from one penny to two-pence lower. lb. oz. lb. og, Peck Loaf to weigh .. 17 G Quartern Loaf to weigh 4 bit' Half ditto.. ditto .... sll Half Quarters ditto .• g SEEDS. Red Clover (Foreign) Ditto English White ditto —s 75s 90s to 105 s Rye-eirass . . 155 25.. to —s per 44V. Turnip, White ... lds 0.1 to 20s ad per bush. Red and Green ... ih, Od to 20s Od White Mustard Seed - t;s 04 to 11s Od Bruwit,dittu lss Od_to 20s od - Carrawav Seeds (new) Cinque Volt] s6s Od to 70s od per qt. Coriander do 22s Od to 25% Od Trefoil .. 20s 35s to 56s —s per ant. ltibgrass . —s tills to 70p Ctuary .inseed Oil CaLe at the Mill, 181. IBs. to —I. —s. per thitt" , saiui— Rape Seed, 421. to 471. per Last.—Kape Cake , 01. Os. to 0!. Os. per tou.—Tares, 05..t0 14s. per busied• ' PRICE OF HOPS, per Cat. DEC. 18. • New Bags. New Pockets. m . Kent ... Ul 0, to 51 Ss a6l los Kent.. 61 lOs 71 5s to 8 1 " Sussex .. 01 Os to 5i 5s a6l Sussex 61 Os 61 14s to 61 l$ Essex..... 01 Os to 01 Os Essex 61 Os 71 Os to 71 !il l Farnham, second, 91 Os to 1W los—tine, 101 Os to 121 Foreign Pockets, 41 lOs to 51 us—Duty, 198,9761 2s 4ld NEWGATE ANI) LEADENIJALL MARKETS. By the Carcase. Beef 3s 4d to 5s Ju I Veal Atuttou 4s OJ to 5s Pot 44: Od 6d t w o 8 6: 3 Lam!), Os 0"d to Os od. ST. JAMES'S HAY MARKET, Dec. 19. Hay 5l 15s Od to 81 lOs Od-Average, 71 25 64 _, Straw , Clurtr 7l 7s Od to 81 Lis Oil-Average, 81 is Of WHITECHAPEL HAY MARKET. Hay 7i N Od to SI Ss Oil—Average, 71 141 OA !New ditto Straw 2l 12s Ot! to 2! ISs Od—Average, 21 los 1 , ... Clover...— Bl Os ad to 9! as 041—Average, 81 141 106 PRICE OF LEATHER. Butts, TA to 561bs each ~ per lb 2ld to Ott Ditto, 5G ty 661bs each 2ad t0.R6 11 Dressing Hides ( ' Fine Coach Hides 4Oll to 2eg• Crop Hides, 3:5 to 40Ibs ftir cutting 181(1 to 4.01 Ditto 45 to 501bs 20d to 31 41 Calf Shins.. SO to 401bs 44(1 to 4: 41 Ditto 5O to 70lbs 38d to Sgit Ditt0...... 70 to sulbs.. 33d to SKi' Small Seals (Greenland) Large ditto per dozen 70s to 0 0 , Tanned Horse Hides 17d to 19 4 Spanish Horse Hides 13d to 2011 RAW IDES. Best Heifers & Steers, per st. Ordinary ....25 Od to Ts 24 ), os. 10(1 toss Od Market Calf .. each .. 11s S Middlings...2s Lt. to 2s 8d Eng. Horse Os Od to Os wl. SHEEP SKINS. P011ed........ 8s iSd to 9s (hi I Shea dings Os 0(1 toOs Downs - 5a tkl to Gs lid Lausbs Os Od. tu.Ot PRICE OF RAW FAT, de reeled by the 7'all. Metiers. St. James's Market .. 5s Zid Nilitechapel Market 5s 91(1 )er Stone of 81b.—DEe. 11. di.r stated by the Butchers.;' St. James's Market ss r i4 Whileclapd Market 6s (Aare Market Os °". Newgate Market Us Or Arm age .... 64 Ska Average PRICES Or TALLOW, Torn Tallow gis Od od Yellow Russia 117 s od —s od White ditto .. sqs od i Scrap tat°. 409 Oft od Melting Stui od Ssa od Ditto Rough.. •—s od 48s od • -, SOAP, &c. per 1121 b. ' - • I Yellow Soap iie 1 Mottled.. Sei b i Curd Palm . lO G ra c e s 24,9 a I Good Dregs ' -t Qv" — :1 , PRICE OF CANDLES, from Tallow Chandlers' Price of Candles, per dozen, 14s (id—Moulds, IEN otl---6 11 1 dozen allowed for ready money. COAL MARKET, DECEMBER 21. Ships at Market. Ships sold. Price. 4. 57' Newcastls, .... .. 31 ....M. 6d. to 4 5 5 . v d. 18 5under1and............. 10 3Bs. Gd. to 435. 1 f Elgin Man C0a1.... 0 ......—5. Od. to .-- 6 ._ 2 Halbeath Coal 0 .......—5. Od. to ...- 4 ' 0 7 1 Cinders- .. 1 9.75. Od. to --4• MARRIED. On Saturday, the 19th instant, at St. George's Cilu cli j o Hanoyer-square, Mr. John William Gasson;of 14rotnP t°114 " Miss Gabel!, grand-daughter of the late George Gabel!, J. 4 47 of Kentish-town. DIED. At Gottenhargh, on the 17th tilt. Mr. J. H. Heo ri • after an illness of Is months. On Sunday morning, the 13th inst.fsuddenly, tt I►ls ho at Clifton, deeply lamented by his afflicted family and fri Posisonby'lottenham, Eici. 4011 of the late Charles Totqa ham, Esq. of New Russ, Ireland, and nephew of Heal late Earl of Ely. 101 0 On the 16111 inst. the wife of Captain Johnson. of } f ar Essex. PROVINCIAL BIRTH, MARRIAGES, AND DEAI:I* BIRTH. Lady o f S . * Saturday sennight, at Nermantan Hall, the W. W. Dixie, Bart. of a daughter. }TARRIED. t e s On Tuesday last, at Boughton, Northamptonsb irft Win. Fison, of Horning•sca, in the county of Candi'idgeo 7 Mariano, third daughter of Mr. Potterton, of tßougb Grange. ••_.. •,* oS Lately, at Whittington, Yorkshire, the Rev. S. Slaters . :; Holt House, Darlev, to ;Miss M. Green, of '‘‘..hittingf on 'oi. Lately, at Carlisle, Mr. John Joilie, of that. ci t z't , zabeth, relict of the late Mr. Joseph Mandan, of Ilehlrero. At Edinburgh, on the 16th inst. Henry Meredtth .0, 7. White Jers is, Esq. eldest sun of Sir John Jervis White Jerjoe; of Bally Ellis, county of Wexford, Bart. to Mariooo. 1 4* dam:liter of the late William Campbell, Esq. •,f l- 13ru • Ayrshire. • Ldal,teLleyi,cexsitre.r3solitilriel.Hinks, DIED. t . 4. Lately, Catherine, wife of John Clarke, Eoq. Hr of Peat''7 coun t! of Warwick. it h;r t At Richmond Barrack, Dublin, on the 14th instant...A ,is Hardy/Ilan Mullen, second sort of Captain R. Ainlien, ' . battalion Royal Scots. of fil:tcs Kardwick, in the Lately, on the Grand Parade, Cork, Mrs. We5t0!21 .... .,,/ --' a ore a) LONDON: Printed by J. B. CARSTAMS, of No. eP v Or'ntond-street, n niond-street, (4nee-square; and pubil 3hed . 41/14 SCRIPPS, of No. 7, South at '1: 14 , - .4 6 04 Office, No. 112, Strand ; where. Advettisemeoth Let"ets, Crc f aust"P;iid) must tic addressed. tast e To ; fro m Plea. hew', C.A I 4 11 , 1, \Vet I) X4 l t'cl , I o ea, et,E ‘101)11: BIRTHS. In Finsbury-square, Lady Desanges, of a eon. On the 20th inst. at Kennington, Mrs. Kent, of D° wark : the infant lived only half an hour. On Sunday night, the Yoth instant, the lady of Pollock, Esq. of Bedford-row, of a daughter. - • t 1 _ ~.......... ...ohr... 'at 37eeci, ` l "Pii igge Aber Jana ~r e tß than Art Oral Thar Via), answ 1 ..?/ Part; •fury.,, ~; t A ~~u TjhrP~ 1)1 , dery (111